COUNCIL COMMUNICATION

Similar documents
COUNCIL COMMUNICATION

COUNCIL COMMUNICATION Work Plan #

COUNCIL COMMUNICATION

COUNCIL COMMUNICATION

COUNCIL COMMUNICATION

COUNCIL COMMUNICATION

COUNCIL COMMUNICATION

TOWN COUNCIL TOWN OF GYPSUM, STATE OF COLORADO ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE AMENDING THE STRATTON FLATS PLANNED UNIT DEVELOPMENT GUIDE

AGENDA ITEM SUMMARY BUSINESS OF THE CITY COUNCIL CITY OF GOLDEN, COLORADO. Quasi Judicial Matter

TOWN OF LYONS, COLORADO ORDINANCE NO. 1017

City Council Information Form

City Council Agenda Memo

CITY OF TYLER CITY COUNCIL COMMUNICATION

ORDINANCE NO

Agenda Item No. October 14, Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager

31, Township 29 South, Range 25 East, Polk County, Florida, as depicted by the Land Use Plan attached

City of Fayetteville, Arkansas Page 1 of 3

ACTION FORM BRYAN CITY COUNCIL

CITY PLANNING COMMISSION AGENDA ITEM NOS: B.1-B.3 STAFF: MEGGAN HERINGTON

ARTICLE 14 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT

CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT MAY 16, 2018 AGENDA

ORDINANCE NO

APPENDIX G: SAMPLE CROSS-ACCESS AGREEMENTS

City Council Agenda Memo

SUBDIVISION REGULATIONS

The commercial land uses will provide for increase in employment opportunities as well as an increase in retail and construction sales tax revenues.

SAN JOSE CAPITAL OF SILICON VALLEY

ORDINANCE NO. Z REZONING NO

MEMORANDUM CITY COUNCIL TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR ROBIN DICKERSON, CITY ENGINEER

BY THE CITY COMMISSION ORDINANCE NO.:

2. Rezone a portion of the lot from R2 (Small Lot Residential) to RD2 (Duplex: Housing Lane).

ORDINANCE NO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS:

WRITTEN DECISION OF THE HAYDEN CITY COUNCIL REGARDING MAPLE GROVE PRELIMINARY SUBDIVISION APPLICATION (SUB-0013) HAYDEN SIGNATURE, LLC

PUD Ordinance - Cascade Lakes Plat #10 of 1995

ST. TAMMANY PARISH COUNCIL ORDINANCE ORDINANCE TO CREATE A NEW SECTION OF THE PARISH CODE OF ORDINANCES REGARDING TRANSFERABLE DEVELOPMENT RIGHTS.

1. Mayor 2. Trustees 3. Treasurer 4. Clerk 5. Village Attorney 6. Public Safety Officials 7. Village Manager

Section 4 Master Plan Framework

DENTON Developer's Handbook

Exhibit "A" have applied for a re-zoning and re-classification of that property from OPEN RURAL (OR) to that of a PLANNED UNIT DEVELOPMENT (PUD); and

ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.

BY AUTHORITY A BILL FOR AN ORDINANCE MAKING REVISIONS TO CHAPTERS 2 THROUGH 5 OF TITLE XI OF THE WESTMINSTER MUNICIPAL CODE

Midwest City, Oklahoma Code of Ordinances Chapter 38: Subdivision Regulations

City Council Agenda Memo

TOWN OF FREEPORT Planning Department

CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT MAY 31, 2017 AGENDA REVISE ZONING MAP 2017 ANNEXATION NO. 2 MISC

1~1~ 1i i11mmi ~m

PLANNED UNIT DEVELOPMENT (PUD) AREA PLAN/REZONING REVIEW PROCEDURE

CITY OF OCALA CITY COUNCIL REPORT Council Meeting Date: 06/06/17

CITY OF TYLER PLANNING AND ZONING COMMISSION STAFF COMMENTS

STAFF REPORT FOR MAJOR SUBDIVISION

NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR LAND USE REGULATION

ORDINANCE NO LOCATED AT ROAD AND PROPERPT SOUTH TO 1-70 BETWEEN 23 ROAD AND BOOKCLIFF RANCHES SUBDIVISION

Ordinance No. 04 Series of 2013 RECITALS

City of Grand Island Tuesday, August 8, 2017 Council Session

CITY OF WEST PALM BEACH PLANNING BOARD Meeting Date: July 17, 2018 Planning Board Case No. 1670I

STAFF REPORT. Planning and Zoning Case 16-20FP Staff: Michael Peterman, City Planner Date: May 23, 2016

BILL NO (Emergency Measure) ORDINANCE NO. 5072

PUD Ordinance - Caravelle Village #7 of 1995

RESOLUTION NO. RD:EEH:LCP

The requested rezoning would be consistent with the City of Wilmington Focus Area of Welcoming Neighborhoods and Public Spaces.

Project File #: SF Project Name: Jackson Ranch Filing No. 4 Parcel Nos.: , and

PLANNING COMMISSION REPORT Non-Public Hearing Item

Town of Cary, North Carolina Rezoning Staff Report 14-REZ-31 Cary Park PDD Amendment (Waterford II) Town Council Meeting January 15, 2015

contiguous to the City boundaries in the vicinities of the South Wilmington Analysis Area

PISMO BEACH COUNCIL AGENDA REPORT

AN ORDINANCE TO AMEND SECTION OF THE RAPID CITY MUNICIPAL CODE TO ALLOW FOR ADMINISTRATIVE DISSOLUTION OF PLANNED DEVELOPMENTS

PRELIMINARY PLANNED AREA DEVELOPMENT APPLICATION (PAD)

Action Recommendation: Budget Impact:

We Appreciate Your Business and Look Forward to Serving You in the Future.

PLANNING COMMISSION STAFF REPORT

THIS LOT PURCHASE AGREEMENT is made and entered into this the day. of, 2016, by and between Welch Real Estate Holdings, LLC

VILLAGE OF ORLAND PARK

to St. Louis County by deed recorded in Book 7954, Page 235 in the St. Louis County, Missouri

Agenda Information Sheet

The requested rezoning would be consistent with the City of Wilmington Focus Area of Foster a Prosperous, Thriving Economy.

VILLAGE BOARD MEETING STAFF REPORT

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

ORDINANCE NO (As Amended)

CITY OF FATE, TEXAS UNIFIED DEVELOPMENT ORDINANCE. Article VI Subdivision

PUD, HPUD, OSC Rezoning & Conceptual Plan Application (Planned Unit Development, Haggerty Road Planned Unit Development, Open Space Community)

A. Be consistent with the local growth management program;

AGENDA ITEM SUMMARY January 2, 2018 City Council

PUD Ordinance - Thornapple Manor #2 of 1998

City of Brooklyn Park Planning Commission Staff Report

STAFF REPORT FOR MAJOR SUBDIVISION

AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS

Mountain Village seeks to amend Community Development Code to better align with Comprehensive Plan

E. 140TH AVE. VICINITY MAP SCALE: 1"=600' LAND USE TABLE NET AREA 599,946 SQFT AC. GROSS AREA 741,420 SQFT AC.

Instructions and Application Procedures Plan Amendments

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO:

BYLAW 5781 ****************

October 8, Section 402 Appendix A, "Land Management Code" The Code of the City of Frederick, 1966 (as amended)

DOUGLAS COUNTY SUBDIVISION RESOLUTION Article 4 Preliminary Plan 10/13/2015

CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA RESOLUTION NO. CC

PLANNING COMMISSION REPORT REGULAR AGENDA

DECLARATION OF RECIPROCAL ACCESS AND UTILITY EASEMENTS

Town of Cary, North Carolina Rezoning Staff Report 14-REZ-20 Habitat for Humanity Evans Road Town Council Meeting October 16, 2014

STAFF REPORT ACTION REQUIRED

CITY OF TALLAHASSEE CITY COMMISSION AGENDA ITEM

CITY OF TARPON SPRINGS Staff Report May 16, 2017

Transcription:

Meeting Date: January 22, 2019 COUNCIL COMMUNICATION Agenda Item: Agenda Location: Consent Calendar Goal(s): Legal Review: 1 st Reading X 2 nd Reading Subject: An ordinance approving a Rezoning of approximately six acres of property to Community Retail and amending the Official Zoning Map to allow for the development of commercial land uses for property generally located at the northeast corner of East 144 th Avenue and Washington Street (Stargate Commercial). Recommended by: Jeff Coder Approved by: Kevin S. Woods Ordinance previously Presenter(s): Grant Penland, Planning Director introduced by: Matkowsky SYNOPSIS: The applicant is proposing to rezone the property from Business Park to Community Retail for a proposed commercial development. RECOMMENDATION: Staff recommends Alternative No. 1, to approve the Rezoning. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. Approve the Rezoning. 2. Deny the Rezoning. 3. Revise the Rezoning in response to specific Council direction. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) The proposed rezoning complies with the following criteria for a zoning amendment: 1. Growth and other development factors in the community support changing the zoning. Growth and development in the immediate area support a change in zoning for the property. The Stargate Charter School was constructed directly north of the site, with the six-acre parcel remaining on the immediate corner of East 144 th Avenue and Washington Street. A Community Retail land use designation would accommodate commercial-retail uses that are appropriate at the intersection of two major arterials. 2. The change in zoning represents orderly development of the City and there are, or are planned to be, adequate services and infrastructure to support the proposed zoning change and existing uses in the area.

COUNCIL COMMUNICATION PAGE 2 There are adequate existing or planned services to support the proposed development. Water, sewer, stormwater, and transportation infrastructure will be constructed to serve the development. 3. The change in zoning provides for an appropriate land use of the property. The proposed rezoning would allow for commercial-retail land uses which are appropriate at the corner of two major arterial roadways. 4. The change in zoning is in substantial conformance with the goals and policies of the Comprehensive Plan and other adopted plans and policies of the City. A concurrent Comprehensive Plan Amendment proposes to change the future land use designation of the property to Commercial. The request supports applicable Comprehensive Plan policies, including the following: Policy 6.2.1: Promote the development and maintenance of healthy, viable commercial centers. Strategy 5.5: Promote neighborhood Retail-Commercial Revitalization, Redevelopment as well as New Development. Strategy 6.4: Preserve and Enhance Retail Sales Base. 5. The proposed zoning is sensitive to and compatible with the existing and planned use and development of adjacent properties. The proposed zoning designation promotes cohesiveness with surrounding land uses and zoning designations, and the ideals of orderly community growth and integration of the development to surrounding areas. PUBLIC NOTICE AND RESPONSE: Public Notification: A public notice of the hearing was published on the City s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center on December 20, 2018. All property owners within at least 1,500 feet of this site were sent notice of the public hearing ten days prior to January 8, 2019. Notification of the City Council hearing was posted on the property ten days prior to the January 8, 2019 public hearing. Public Response: Neighborhood meetings were held on May 7, 2018 and November 8, 2018 to present and discuss the proposed Comprehensive Plan Amendment, Rezoning, and CSP. Approximately 42 area residents, property owners, and Stargate Charter School parents attended these meetings. Many concerns were raised about traffic and congestion issues, particularly during school drop-off and pick-up times. Parents were concerned that the location of the day care would cause additional congestion issues and suggested that the day care be moved to a different location on the site. Attendees raised additional questions and concerns including having adequate parking, proposed uses, health impacts of the gas station, drainage, too many uses on the site, opposition to the shared access, hours of operation, lighting, building design and appearance, and school safety.

COUNCIL COMMUNICATION PAGE 3 Another meeting was held at Stargate Charter School on December 3, 2018 to further discuss traffic and circulation concerns with school parents and staff. Approximately 42 people were in attendance. School representatives provided additional history of the property and the school development. The school and the developer addressed additional questions and concerns pertaining to traffic and circulation within the site. Additional questions were raised pertaining to pedestrian connectivity, public roadway improvements, security and safety during construction, and fencing between the properties. The developer also highlighted two site improvements to help with traffic issues: a gate to be installed on school property and a restricted access from the shared drive near the northwest corner of the site. HISTORY: The property was annexed into the City on July 23, 1990 by Ordinance No. 1994 and subsequently zoned Business Park. The Stargate Charter School Subdivision plat was recorded on April 9, 2015 to subdivide the property into six tracts for the transfer of ownership and to grant easements. The Stargate Charter School Subdivision, Amendment No. 1 plat was recorded on July 26, 2018 to replat all tracts for the transfer of ownership and to grant easements. On January 8, 2019, City Council approved a Comprehensive Plan Amendment, Conceptual Site Plan, and Rezoning (first reading) for the proposed commercial development.

INTRODUCED BY: Matkowsky AN ORDINANCE APPROVING A REZONING OF APPROXIMATELY SIX ACRES OF PROPERTY TO COMMUNITY RETAIL AND AMENDING THE OFFICIAL ZONING MAP TO ALLOW FOR THE DEVELOPMENT OF COMMERCIAL LAND USES FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF EAST 144 TH AVENUE AND WASHINGTON STREET (STARGATE COMMERCIAL). WHEREAS, Big Dry Creek Investors, LLC is the owner (Owner) and Evergreen Devco, Inc. is the applicant (Applicant) of certain real property (Property) within the City described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Property is currently zoned Business Park (BP); and WHEREAS, the Owner has submitted to the City an application to rezone the Property to Community Retail; and WHEREAS, the proposed application is consistent with the goals and desires of the City, provides for orderly growth within the City, and provides for a beneficial and efficient use of the Property; and WHEREAS, the aforesaid request and all supporting documents are hereby incorporated as if fully set forth herein; and WHEREAS, the application is a matter of public record in the custody of the City Development Department, and is available for public inspection during business hours of the City; and WHEREAS, on January 8, 2019, the City Council conducted a public hearing on said application, pursuant to the procedural and notice requirements of the City Charter and Chapter 18 of the Thornton City Code. The Council considered the evidence presented in support of and in opposition to the application; the applicable zoning requirements; the City s Comprehensive Plan; and staff recommendations; and have considered the record and given appropriate weight to the evidence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. That it is found that the Owner and the City have complied with the provisions of Section 18-41 of the Thornton City Code pertaining to zoning applications. 2. The City Council finds that the Application meets the criteria in Section 18-41 of the Thornton City Code for Zoning Amendments as follows:

a. Growth and other development factors in the community support changing the zoning. b. The change in zoning represents orderly development of the City and there are, or are planned to be, adequate services and infrastructure to support the proposed zoning change and existing uses in the area. c. The change in zoning provides for an appropriate use of the Property. d. The change in zoning is in substantial conformance with the goals and policies of the Comprehensive Plan and other adopted plans and policies of the City. e. The proposed zoning is sensitive to and compatible with the existing and planned use and development of adjacent properties. 3. The Stargate Commercial application to rezone the Property from BP to Community Retail (CR) is hereby approved with the following conditions: a. Approval of the Application does not waive any additional requirements of the development as established with the Subdivision Plat, Developer s Agreement, or any Development Permit associated with the Property. b. At the time of submitting a request for a Development Permit, the Owner shall provide a landscape plan that is consistent with the City s water-wise landscape regulations which emphasizes the use of drought-tolerant materials. c. Prior to the development of the Property, a Subdivision Plat shall be recorded to create developable lots and grant easements necessary to serve the development. d. Public Land Dedication shall be satisfied as outlined with the approved Conceptual Site Plan. Timing of the improvements shall be determined in the Developer s Agreement required for the development. 4. The conditions in this ordinance shall run with the land and be binding upon the Owner, its successors and assigns. 5. This ordinance shall take effect upon final passage. 2

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on January 8, 2019. PASSED AND ADOPTED on second and final reading on, 2019. CITY OF THORNTON, COLORADO ATTEST: Jan Kulmann, Mayor Pro Tem Kristen N. Rosenbaum, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERK S OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM: Luis A. Corchado, City Attorney PUBLICATION: Posted at City Hall, Margaret W. Carpenter Recreation Center, and Thornton Active Adult Center after first and second readings. Published on the City s official website after first reading on January 9, 2019, and after second and final reading on, 2019. 3